Created by Fuzzy Cloud

Patna High Court

Gopal SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court quashed the 80% penalty and the 3% surcharge, fixing a reasonable penalty of 10% of the assessed value (Rs 15,000) and directing release of the vehicle upon payment.

Summary

Gopal Sharma filed a writ petition challenging the Collector‑cum‑District Magistrate's order that imposed a penalty of 80% of the assessed vehicle value (Rs 1,20,000) plus an additional 3% (Rs 3,600) for a car seized after 29.880 litres of illicit liquor were recovered. The petitioner argued that the penalty was excessive, that the valuation ignored the insured value and the quantity of liquor, and that the authority had no power to levy the extra 3% surcharge. The Court examined Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules 2023, which requires consideration of the intoxicant quantity, the owner's involvement, and the latest insurance value, and noted the absence of any such assessment. It also referred to Rule 12A(4) of the 2022 Rules and prior judgments that deem a 75% penalty onerous without proper justification. The Court held the 80% penalty and the 3% surcharge to be illegal, reduced the penalty to 10% of the assessed value (Rs 15,000), and ordered the vehicle's release upon payment of that amount within 15 days. The writ petition was allowed.

Issues considered

  • Whether the penalty of 80% of the assessed vehicle value imposed under Rule 12A(2) is lawful and reasonable.
  • Whether the Collector‑cum‑District Magistrate was required to consider the insured value and quantity of illicit liquor before fixing the penalty.
  • Whether the additional 3% surcharge to the Bihar State Beverages Corporation Limited is authorized under the Bihar Prohibition and Excise Act, 2016.
  • Whether the vehicle should be released upon payment of a reduced penalty.

Legislation cited

Subjects

  • vehicle seizure
  • excise law
  • penalty assessment
  • insurance value
  • illicit liquor
  • Rule 12A
  • additional surcharge
  • writ petition
  • quashing order
  • release of vehicle

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No. 20882 of 2025
     ======================================================
     Gopal Sharma S/o Jiut Sharma R/o Village- Asudha, P.S.- Durgawati, District-
     Kaimur at Bhabua.
                                                                ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Commissioner, Excise Department, Patna.
2.   The Collector Cum District Magistrate, Kaimur at Bhabua.
3.   Sub- Divisional Officer, Bhabua, Kaimur at Bhabua.
4.   Sub- Divisional Officer, Mohania, Kaimur at Bhabua.
5.   The Superintendent of Police, Kaimur at Bhabua.
6.   The Superintendent of Excise, Prohibition, Kaimur at Bhabua.
7.    The Station Head of Excise Police Station, Kaimur at Bhabua.
                                                              ... ... Respondent/s
     ======================================================
     Appearance:
     For the Petitioner/s    :     Mr. Tribhuwan Narayan, Advocate
     For the Respondent-State:     Mr. S.D. Yadav, AGG-IX
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                and
                HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

     Date: 28-01-2026

                  Heard the learned counsel for the petitioner and the

      learned AAG-IX for the State.

                  2. The present writ petition has been filed for setting

      aside the order dated 06.11.2025, passed by the learned

      Collector-cum-District Magistrate, Kaimur at Bhabhua in Excise

      (Vehicle Confiscation) Case No.108 of 2025, whereby and

      whereunder penalty has been imposed to the extent of 80% of
Patna High Court CWJC No.20882 of 2025 dt.28-01-2026
                                           2/8




         the assessed value, i.e. Rs.1,50,000/- which totals up to a sum of

         Rs.1,20,000/-, apart from the petitioner having been also

         directed to deposit 3% of the penalty amount, i.e. Rs.3600/- in

         the account of Bihar State Beverages Corporation Limited (in

         short ‘BSBCL’). The Ld. Collector, Kaimur at Bhabhua has

         further directed that upon deposit of the said penalty sums of

         Rs.1,20,000/- and Rs.3600/- respectively and producing receipt

         thereof within 15 days, action shall be taken to release the

         vehicle in question.

                     3. The brief facts of the case are that an FIR bearing

         Bhabhua (Prohibition) P.S. Case No.409 of 2025 dt. 16.06.2025

         was registered under Sections 30(a), 32(i), 32(iii), 41(1) and

         41(2) of the Bihar Prohibition and Excise Act, 2016 (hereinafter

         referred to as the ‘Act, 2016’) against Gopal Sharma (petitioner)

         from whose vehicle, i.e Maruti SX4 Car bearing Registration

         No. UP65BB-2876, Chasis No. MA3EFJC1500202535, Engine

         No. M16AN2043842, 29.880 liters of illicit liquor has been

         recovered, leading to the said vehicle being seized.

                     4.     The learned counsel for the petitioner has

         submitted that the confiscating authority, i.e. the Collector-cum-

         District Magistrate, Kaimur has though by the impugned order

         dated 06.11.2025 directed for release of the vehicle in terms of
Patna High Court CWJC No.20882 of 2025 dt.28-01-2026
                                           3/8




         Rule 12A (2) of the Bihar Prohibition and Excise (Amendment)

         Rules, 2023 (hereinafter referred to as the “Rules, 2023”) on

         payment of 80% of the assessed value plus 3% thereof, but the

         same is exorbitant and unreasonable, inasmuch as the vehicle in

         question was purchased by the petitioner on 29.11.2011 i.e.

         about 13 years back. It is further submitted that a bare perusal of

         Rule 12A(2) of the Rules, 2023 would show that the Collector

         and the authorized officer while imposing penalty should have

         due regard to the quantity of intoxicant recovered, involvement

         of the vehicle owner and the latest insurance value of the

         vehicle, however in the present case the insurance value has not

         been considered and instead the value of the vehicle, as assessed

         by the Motor Vehicle Inspector, Kaimur at Bhabhua has been

         taken into account. Thus, it is prayed that the vehicle in question

         be directed to be released upon payment of a reasonable

         amount, considering the fact that meager quantity of 29.880

         liters illicit liquor has been recovered from the vehicle in

         question.

                     5. Per contra, the learned AAG-IX appearing for the

         State has submitted that the impugned order dated 06.11.2025

         has been passed in accordance with Rule 12A (2) of the Rules,

         2023, nonetheless, he has not been able to deny the fact that
Patna High Court CWJC No.20882 of 2025 dt.28-01-2026
                                           4/8




         amount of penalty assessed by the Collector-cum-District

         Magistrate, Kaimur at Bhabhua is excessive.

                     6. We have heard the learned counsel for the parties

         and perused the materials on record.

                     7. At this juncture, we would like to reproduce Rule

         12A (2) of the Rules, 2023 herein below:-

                 “Rule 12A (Release of Vehicles, Conveyance etc. on
                 Payment of Penalty):-
                 "(2) The amount of penalty shall be as decided by the
                 Collector or the Officer authorized by him. While
                 imposing the penalty, he shall have due regard to the
                 quantity of intoxicant recovered, involvement of the
                 vehicle owner and the latest insurance value of the
                 vehicle. In no case, the penalty should be less than 10%
                 of the insured value of the vehicle and more than Rs. 5
                 lakhs. The insured value is the value of the vehicle as
                 assessed by the insurance company. Where, the insured
                 value is not available or the Collector or the Officer
                 authorized by him has reason to believe that the vehicle is
                 undervalued, he shall get the valuation done by the
                 District Transport Officer.
                      In any case, the Collector shall not wait beyond 15
                 days from the date of seizure and if during this period, the
                 accused/owner does not pay up the penalty, he shall
                 proceed with the confiscation/auction."

                     8. A bare perusal of Rule 12A(2) of the Rules, 2023

         would show that while imposing penalty the quantity of

         intoxicant recovered as also the insurance value of the vehicle is

         required to be considered and in case where vehicle is either
Patna High Court CWJC No.20882 of 2025 dt.28-01-2026
                                           5/8




         undervalued or insured value is not available, valuation is

         required to be done by the District Transport Officer, however in

         the present case, we find that there is no whisper in the

         impugned order dated 06.11.2025, either about the insured value

         of the vehicle in question being not available or the vehicle

         being undervalued, hence the assessment of the value of the

         vehicle in question by the Motor Vehicle Inspector, Kaimur at

         Bhabhua is patently illegal. Nonetheless, at this juncture we

         would like to refer to an order dated 26.11.2025, passed by a co-

         ordinate Bench of this Court in CWJC No.14928 of 2025

         (Rakesh Kumar Singh vs. the State of Bihar & Ors), wherein it

         has been held as under:-

                        "In absence of any specific ground that the vehicle
                 was in regular use for transportation of liquors or that
                 the owner of the vehicle was found involved in
                 transportation of the liquors and/or there are multiple
                 cases of similar nature against the owner or the vehicle,
                 imposition of the penalty to the extent of 75 per cent of
                 the insured value is an onerous condition and it amounts
                 to virtually creating a situation where huge hardship may
                 be caused to an owner of the vehicle in getting release of
                 the vehicle."

                     9.    Yet another aspect of the matter is that Rule

         12A(4) of the Bihar Prohibition and Excise (Amendment)

         Rules, 2022 provides that while imposing fine, the Collector or

         the officer authorized by him shall have due regard to the
Patna High Court CWJC No.20882 of 2025 dt.28-01-2026
                                           6/8




         economic status of the individual, nature of his involvement in

         the crime and the quantum of intoxicant recovered, however in

         the present case we do not find that such exercise has been done

         by the learned Collector while passing the impugned order dated

         06.11.2025.

                     10. Having considered the facts and circumstances of

         the case as also taking into account the fact that meager quantity

         of 29.880 liters of illicit liquor has been recovered, which is also

         one of the factors, required to be considered while imposing

         penalty for release of the vehicle, as has been provided under

         Rule 12A(2) of the Rules, 2023 and Rule 12A(4) of the Rules,

         2022, we are of the view that the penalty imposed by the learned

         Collector, Kaimur at Bhabhua is exorbitant and unreasonable,

         hence the order dated 06.11.2025, passed by the Collector-cum-

         District Magistrate, Kaimur at Bhabhua in Excise (Vehicle

         Confiscation) Case No.108 of 2025 to the extent of levy of

         penalty of 80% of the assessed value, is quashed. Nonetheless,

         we are of the considered opinion that 10% of the assessed value

         of Rs.1,50,000/-, i.e. a sum of Rs.15,000/- would a reasonable

         amount by way of penalty.

                     11. The other aspect of the matter is whether the

         confiscating authority has the power to impose additional 3%
Patna High Court CWJC No.20882 of 2025 dt.28-01-2026
                                           7/8




         penalty over and above the penalty amount. In the present case,

         the confiscating authority has directed the petitioner to deposit

         additional 3% of the penalty amount, i.e. a sum of Rs.3600/- in

         the account of BSBCL which in any view of the matter is

         illegal, inasmuch as the confiscating authority under the

         provisions contained in the Act, 2016, as amended up to date

         has no power to impose an additional 3% penalty over and

         above the penalty amount. We further find that the confiscating

         authority, on its own cannot impose penalty over and above

         what has been sanctioned by law. In this connection, reference

         be had to a judgment dated 11.12.2025 passed by a coordinate

         Bench of this Court in the case of Shantanu Kumar vs. The

         State of Bihar & Ors. (CWJC No. 18561 of 2025).

                     12.      In view of the law laid down in the case of

         Shantanu Kumar (supra) as also considering the fact that the

         Act, 2016 does not mandate imposition of additional penalty

         over and above what has been sanctioned by law, we find that

         imposition of 3% additional penalty is wholly unjust and

         improper as also is an act of undue enrichment caused to a

         government company, which is not permissible under the law. In

         such view of the matter, the additional penalty of 3% to the tune

         of Rs. 3,600/- imposed vide order dated 06.11.2025 passed by
             Patna High Court CWJC No.20882 of 2025 dt.28-01-2026
                                                        8/8




                      the District Magistrate, Kaimur at Bhabhua is quashed.

                                  13.     At this juncture, the learned counsel for the

                      petitioner submits that he would be depositing a sum of

                      Rs.15000/- within a period of 15 days from today and shall

                      make available the documents of ownership of the vehicle in

                      question before the competent authority. In such view of the

                      matter, we direct that in case the afore-said amount is deposited

                      before the competent authority within a period of 15 days from

                      today, the vehicle in question shall be released in favor of the

                      petitioner, after being satisfied with the documents relating to

                      ownership of the vehicle within a period of one week, thereafter.

                                  14. The writ petition stands allowed to the aforesaid

                      extent.


                                              (Mohit Kumar Shah, J)


                                              (Alok Kumar Pandey, J)

Kanchan./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.02.2026
Transmission Date       NA


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.